SME Times News Bureau | 08 Jul, 2017The Jammu and Kashmir Assembly on Friday passed the state Goods and
Services Tax (GST) bill after receiving President Pranab Mukherjee's
order "safeguarding" Kashmir's special constitutional status and its
exclusive taxation powers -- bringing to implementation the pan-India
indirect tax regime in the state.

Jammu and Kashmir, the only
state that enjoys a special status under Article 370 and has its own
Constitution, became the last in the country to adopt the new taxation
law, making "one nation, one tax" a reality.

The legislation --
the Jammu and Kashmir Goods and Services Tax Bill 2017 -- was passed by a
voice vote amid protests and boycott by the opposition that accused the
government of compromising the special status by seeking a presidential
order for extending the new tax regime in the state.

However,
Finance Minister Haseeb Drabu, who moved the bill in the assembly, said
the government had sought the presidential order to assure Kashmir's
special status was safeguarded and that there was no impingement in the
Article 370 or the state's constitutions.

"Although there is no
tradition of tabling a presidential order in the assembly, we are
starting a new tradition in the democracy of the state by tabling this
order in the House," he said.

Drabu said the new tax regime would roll out in Jammu and Kashmir at midnight on Friday.

The
state government on Wednesday passed a resolution in the assembly
seeking a presidential order on a constitutional amendment. The state
cabinet under the chairmanship of Chief Minister Mehbooba Mufti then
cleared a draft order for concurrence of President Mukherjee.

The
government received on Friday morning the order relating to the
application of provisions of the Constitution of India through an order
of the President issued under Article 370 that gives special status to
the state.

"Notwithstanding anything contained in this order, the
powers of the state of Jammu and Kashmir as per Section 5 of the
Constitution of Jammu and Kashmir, shall remain intact.

"Nothing
in this article shall affect in any manner whatsoever the legislative
competence of the state as guaranteed by virtue of the Constitution of
Jammu and Kashmir," the order read, adding that the state legislature
"shall have the powers to make laws with respect to Goods and Services
Tax".

It said the concurrence of the representatives of the state
in the Goods and Service Tax Council shall be mandatory and the
procedure provided under Article 370 shall be followed for the purpose
of any decision impinging on the constitutional provisions relating to
the state.

Chief Minister Mufti said it was for the first time in
the history since 1947 that "such a reassuring language about the
special status and the powers of the state legislature has been used"
while extending any central law in Jammu and Kashmir.

She also
complimented her ally BJP -- which has been demanding revocation of the
Article 370 -- for its support in securing the constitutional status of
the state.

The entire opposition boycotted the session even as
the Congress also walked out on the last day of the four-day special
session.

Immediately after the passage of the bill, Speaker Kavinder Gupta announced adjourned the House sine-die.

Drabu
at the end of the session made two "unusual requests" to the Speaker,
seeking "a salute" from National Conference leader Devender Rana and
resignation of Congress MLA G.M. Saroori.

Earlier, Rana had said
he would salute Drabu if adequate constitutional safeguards were
included in the preamble of the Presidential order on GST, while Saroori
had said if the safeguards were included in the presidential order he
would put in his papers. (IANS)